2001-22 REGULATING ENCROACHMENT ON PUBLIC RIGHT-OF-WAY IN THE CITY OF DECATUR, MACON COUNTY, IL

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r � � ' ORDINANCE NO. 2001-22 AN ORDINANCE REGULATING ENCROACHMENT ON PUBLIC RIGHT-OF-WAY IN THE CITY OF DECATUR, MACON COUNTY.ILLINOIS WHEREAS, the City of Decatur hereinafter known as the"City" and the State of Illinois, acting by and through its Deparhnent of Transportation, have entered into an agreement relative to the improvement of U.S. Route 51 Business and IL 105 (South Main Street, Franklin Street, Lake Shore Drive, and South Shores Drive), State Section 48((X-1,2)RS,K-RS-1) and 128 I-1 from Cleveland Avenue to the South Corporate Limit; and, WHEREAS, in order to facilitate said improvement, it is necessary for City to adopt an ordinance regulating encroachment on the right-of-way for said improvement in accordance with ' the following definitions: Roadway Right-of-Way is defined as those area existing or acquired by dedication or by fee simple for highway purposes; also, the azeas acquired by temporary easement during the time the easement is in effect; Project Right-of-Way is defined as those areas within the project right-of-way lines established jointly by the City and State which will be free of encroachments except as hereinafter defined; Encroachment is defined as any building, fence, sign (excluding certain signs located over sidewalks) or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located or maintained, in, on, under, or over any portion of the project Right-of-way or the roadway Right-of-way where no project right-of-way line has been established; Permissible Encroachment is defined as any existing awning, marquee or sign advertising activity on the property, or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of pedestrian traffic or traffic on the highway. The permissive retention